A Quick Way To Determine if Your Divorce is Contested or Uncontested in New Jersey

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When asking divorce lawyers whether your case is considered contested or uncontested in New Jersey this is what you need to know:

People frequently come into our office and claim their divorce will be easy or that their case is very complicated and both may be true. We take the time to discuss the legal situation with you so we know what are the toughest issues to address in the case, which issues are most important to you and setting realistic expectations. If we believe that the potential client is realistic in their case goals, we will discuss our retainer and hourly rates. The most common case is a case where both parties want the divorce but there are major issues to resolve such as child custody, property division, alimony, child support and so forth. Knowing that you and your spouse want to get divorced is the easy part, it is often the other issues that make a case contested.

The only time a case is uncontested is when ALL issues are agreed to and the parties want that agreement either in writing or are waiving any interest in assets or there may be no assets to divide. We then process the legal paperwork, make the agreement, and upon execution, we submit the case to one of the Hudson or Essex County Judges for a signature and official court seal. In Hudson County, court appearances may be waived if the correct paperwork is submitted. Information concerning uncontested and no-fault divorces are here.

Visit our frequently asked questions concerning divorce cases here.Regardless if your case is contested or uncontested, we know how to handle the situation. Contact the divorce lawyers at the Artusa Law Firm of Jersey City today on  201-706-7910.

Uncontested Divorce Lawyer in New Jersey

Uncontested Divorce-Sample Case I

Divorce with no property to divide and no children- 

Cause of Action (Reason Used for the Divorce)-Irreconcilable Differences or Separation of 18 months or more.

Jurisdictional Requirements– One party must be living in the State of New Jersey for at least one year.

Is a Signature Needed from Spouse?– No, but having your spouse sign will make the case go faster, at least 40 days faster. If your spouse does not sign, he must be served by a process server, sheriff or someone not involved in the litigation, mailing it is not an option initially (unless he or she signs that he received the divorce paperwork through an acknowledgement of service).

Do I have to appear in Court? –Depending on the county, you may not need to go to court. Hudson and Middlesex are two of the counties that do not require an appearance in court if ALL the correct paperwork is submitted.

We agree on the divorce but I want alimony, is that possible? Yes it is possible but unless your spouse agrees to the amount and the term of alimony payments, it is no uncontested.

Sample 2- Divorce with children but no assets to divide

Same as above except if there are children involved, the child support guidelines must be run and/or the amount of child support must be indicated in the agreement. You can choose to have the child support paid to the custodial parent directly, through the court system (county probation) or through probation and by way of wage garnishment.

Sample 3- Divorce with children and assets but parties agree to all terms.

If the parties have children and assets and agree to their own terms, it is an uncontested divorce. As long as the agreement is legal, the Judge will not pass judgment on the agreement itself. The parties may also use an attorney to mediate certain issues or your attorney can negotiate with your spouse or with his or her attorney depending on the situation.

How long does this kind of case take?  It can take 6 weeks to up to 1 year in extreme cases depending on if your spouse can be located and the court’s calendar.

In the end, while a divorce is never easy, you can limit the stress of your case if both parties are willing to negotiate in good faith and move on.

Uncontested Divorce Lawyer in Hudson County

An uncontested divorce is if you and your spouse agree that:

  1. You both want a divorce
  2. You both agree to all the terms concerning your children (if any), assets (if any), debts (if any) and any other issues and that both of you are willing to put that agreement in writing or your spouse waives his or her right to contest the case.

Our team can create all the required paperwork, the marital/property settlement agreement if needed, run the child support guidelines and handle the entire process from the filing to the entry of the final judgment. In Hudson County, there are cases that do not require an appearance in court, your case may qualify. If it does not, only one court appearance is required and is straightforward. We will prepare you before we walk into court.

In order to file for divorce in New Jersey, you must have resided in New Jersey for a period of one year or your spouse has lived in New Jersey for a period of one year or more. Cases that are heard in Hudson County are heard in 595 Newark Avenue, Jersey City, New Jersey.

Contact us today if you have a case on 201-706-7910.